72R-322
~~SOLUTION NO. 72R-322
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A RBSOLUTION OF THE CITY COUNCIL OF THE CITY
OF &~AHEIM GR~NTING VARIANCE NO. 2375, IN
PART.
WHEREAS, after a request for variance by ERNEST L.
Dh'\1KER; ET AL., owners; CLASSIC DEVELOPr1ENT CORPORATION, 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 m1ich Variance No. 2375 was denied covering the
following described property
All that certain land situated in the State of California,
County of Orange, Rancho Santiago de Santa Ana, described
as follows;
PARCEL 1,
Beainninq at a ooint on the exterior boundary of the
Rancho Santiago' de Santa ]\.na where the said line intersects
the line between Ranges 8 and 9 West, S,B.B. & M" thence
South 30 chains thence West 6 chains, thence North 42 1/20
West 15.50 chains to the exterior boundary of said Rancho,
thence North 390 East 18 chains to Station 35; thence .
North 450 East 6,45 chains to the point of beginning,
Excepting therefrom the portion lying Southeasterly of the
Northtvesterly line of the land described in the deed fron
Jotham 3ixby Company and others to Santa Ana Valley Irriga-
tion Company recorded July 18, 1934 in Book 685, page 255
of Official Records.
Also excepting that portion (not heretofore excepted)
included within the follo,^!ing..
Beginning at a point in the East line of that certain tract
of land convevec to Santa lma Valley Irriaation Company
by deed recorded1\pril 18, 1905 in Book 112, page 64 of
Deeds, said point being 20 feet North from the most
Northerly corner of that certain tract of land described
in the d~ed recorded July 30, 1901, in Boo~ 62, page 314
of'Jeeds; running thence 'i'est 15 feet at right anqles to
the said East line; thence South along a line parallel
with the said East line to the center line of the Santa
Ana Canyon Road as same is described in the deed recorded
Juno 7, 1928 in 3oo~ 171; 9age 144 of Official Records~
thence Northeasterlv alonq the said center line of the
Santa l\.nct Canyon RO~1C~ to t~~~e intersection ~"Tith the sa.id
East line; thence North along said ~ast line to the
point of beginning.
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IUse excepting L:erefroF, ti:e portion, if any, included
within the land described in the deed to Aristea N.
Marquez, recorded July 13, 1911 in 300k 197, paae 354 of
Deeds.
Also excepting t~erefrom that portion described as
beginning at a point on the exterior boundary of the
Rancho SantiaCfo de Santa ''.ua .cvr'ore said line intersects
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the line bf~t~'feen l~a:nge 8 and :'1ange 9, S.B.B. & 1,1., said
point being the most northerly corner of that certain
parcel of land describeC'_ in cieed recorded "Tovember 17,
1942 in Sook 1170, page 207 of Official Records, runninc
thence South 0020' 20:- -,,'Jest, along said -Oange line, -
224,60 feet to a point- thence South 740 04' 30' ,<jest
324.37 feet to 2tation 35 of said Rancho; thence ~orth
450 00' r~ast 443.68 fee-t to the point of beginning.
1USO exceptinsr that portion conveved to the State of
California by deed recorded January 28, 1968 in Book
8497, pace 894 of Official aecords.
PARCI,L 2;
Beginning at the Southeast corner of Section 36, 'roun.-
ship 3 South, ~ange 9 West, S.B.3. & '1., running thence
\\Test 6 chains; thence .'Jorth 6 chains; thence East 6
chains; thence South 6 chains to the beginning.
Exceptina therefrom that portion Ivina Southeasterly of
the l;!Orth,"esterly line of- the land. described in the.. deed
to Santa Ana Valley Irrigation Company, a corporation,
recorded Julv 18, 1934 in Book 685, page 255 of Official
Records.
Pl'cRCEL 3:
That portion of the Southwest quarter of the Southwest
quarter of Section 31, Township 3 South, Range 8 West,
S.B.B. & M., described as follows:
Beginning at a. post on the ;:Jest line of said Section 31;
15 chains South of the intersection of said West line
with the North line of the Rancho Santiago de Santa Ana;
thence South 540 3D' East 9.21 chains to a point on the
l^Iesterly line of Lot 12 of 'I'ract No. 117, as shown on a
~fap recorded in Book 11, page 15 of Miscellaneous Maps,
records of Orange County, California; thence South 10.66
chains to the Northeast corner of Lot 11 of said Tract
No. 117; thence West, along the North line of said Lot
11 and the Westerly extension thereof, 7.50 chains to a
point on the '''lest line of said Section 31; thence North
16 chains to the point of beginning.
Excepting therefrom the following described land:
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Beginning at a point in the North line of Lot 11, Tract
No. 117, as shmm on a ;,lap recorded in Book 11, page 15
of Miscellaneous Maps, records of Orange County, California,
said point being distant South 890 59' 20" West 1. 40 feet
from the:\!ortheast corner of said Lot 11; thence South
890 59' 20 Wast, along the North line of said Lot 11 and
the Westerly extension thereof, 487.49 feet to a point
in the ~'i'est line of Section 31, Tmmship 3 South, Range
8, ,;qest, S.B.B. & ~1. thence '\lorth 00 20' 20" East along
said T7es.t line 170.32 feet to a point in the center line
of Santa Ana Canyon Road (100.00 feet wide) as described
in the deed recorded June 4, 1934 in 900k 675, page 300
of Official H.ecords' thence Jorth 460 46 I East along said
center line 218.40 feet; thence South 450 40' East 457.66
feet to the point of beginning.
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Also excepting therefrom the portion conveyed to the
State of California by deed dated June 21, 1952 and
recorded June 27, 1952 in Book 2349, page 334 of Official
Records.
PARCEL 4:
A Tract of land located in Section 31, Township 3 South,
Range 8 West, S,B.B. & M., described as follows:
Beginning at a point in the line between Ranges 8 and 9
West, Township 3 South, said point being distant North
1385.7 feet from the common corner of Sections 31 and
36, Township 3 South and Sections 1 and 6 of Tovmship 4
South of said Ranges 8 and 9 West, said point being the
most ~~ortherly corner of the land now or formerly of
Betsaida Yorba de Peralta; running thence North from said
point of beginning, along the line between Ranges 8 and
9, 981.81 feet; thence 20rth 450 00' East 797.05 feet,
thence North 630 00" East 321.46 feet to the Westerly
line of Lot 27 of Tract >;0. 117, as shown on a Map
recorded in Boo]: 11, page, 15 of'Hscellaneous Haps, records
of Orange Count]T, California; thence South 00 14' West
along said last mentioned line and the prolongation thereof
1330.02 feet to the Tortherly line of the State Highway
as described in deed recorded July 17, 1934 in Book 691,
page 27 of Official ~ecords; thence along the northerly
line of said State IIighwa~l along a curve concave to the
South and havin,:.r a ra.dius of 3D50 feet, a distance of
269.73 feet; thence continuing along said line South 270
16' 35" vTest 283.01 feet to the beginning of a curve
concave to the ~orth having a radius of 1950 feet; thence
South':18sterly along saicl. curve, a distance of 237.65 feet
to the most Zasterlv corner of said land n01'.' or formerlv
Betsaida Yorba de Peralta; thence leaving said Northerly
line of State High1'iay,' '<iorth 540 30' ~.Test 563.06 feet to
the point of beginning.
Excepting therefrom the 54-foot strip conveyed to the
Santa Ana Valley Irrigation Company by deed recorded
July 18, 1934 in Book 685, paqe 255 of Official Records,
Also exce9ting that portion of said land conveyed to the
State of California by deed recorded August 28, 1951 in
Book 2222, page 180 of Official Records,
PARCEl, 6:
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Beginning at a point in the center of the main ditch of
the Santa Ana Valley Irrigation Company, said point being
209.3 feet Nortb of a point 396 feet T'Jest of the common
corner of Township 3 and 4, Ranges 8 and 9 West, S,B.B.
& 11., as shown on the "Map of the Rancho Santiago de
Santa Ana", filed with the Pinal Decree of Partition of
said Rancho in the case of Ahel Stearns and others, vs.
Leonardo Cota and others, running thence North 186.3
feet to the Southvlest corner of a 28.40 acre tract
allotted to Maria Peralta de Alvarez bv said Final Decree
of Partition, thence North 42-1/20 West along the South-
westerly line of said Tract allotted to said Maria
Peralta de Alvarez 1023 feet to a 3 x 4 stake marked
"SHF" set on the Northern boundary of the Rancho Santiago
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de Santa Ana: thence South 390 West along said Northern
boundary 986.5 feet to a 4 x 4 marked "SHF" set at the
Northern corner of a tract of land owned by E. Walter
Pyne: thence South 39-1/20 East along the Northeastern
boundary of the lands of said E. Walter Pyne 1078 feet
to a point in the center of the main ditch of the Santa
Ana Valley Irriqation Company' thence North 430 45' East
along the~center of said ditch 617.5 feet to a point;
thence continuing along the center of said ditch North 470
15' East 284.7 feet to the point of beginning.
Excepting therefrom that portion of said land conveyed
to the Santa Ana Valley Irrigation Company by deed recorded
July 18, 1934 in Book 685, page 255 of Official Records.
PARCEL 7
The Northeasterly 239.00 feet of that portion of the land
allotted to Paula Peralta de Dominquez in Decree of
Partition of the Rancho Santiago de Santa Ana recorded
in Book B of Judgments of the Seventeenth Judicial Dis-
trict Court of Los Angeles County, California, located
in the County of Orange, State of California, described
as follows:
Beginning at a point on the Northerly line of the right
of way granted to Santa Ana Valley Irrigation Company
by deed recorded October 9, 1947 in Book 1536, page 487
of Official Records of said Orange County, said point
being North 380 45' 42'- 'vest 72.98 feet from a point on
the center line of the Santa Ana Canyon Road as described
in a deed to the County of Orange recorded June 7, 1928,
in Book 171, page 144 of Official Records of said Orange
County, said point on said center line being 728.55 feet
North 440 00' 30! East from a bolt marking the Easterly
terminus of a curve in said center line designated in
said deed as having a radius of 450 feet and a central
angle of 370 02' 45'; thence from said point of beginning
~orth 380 45' 42 West 1051.70 feet to the North line
of the Rai~c},o Santiaqo de Sar~__taA.na:; thence South 370
15' 18" ~'iest 37.7'3 feet -to a 6-inch concrete monument;
thence South 400 2'1' 03' ''Test 440.97 feet to a line
vlhich bears ~Jorth 400 07 i 45 'i{est from a point on the
?~ortherly line of said right of way granted to Santa
Ana Valley Irrigation COl~.pany said last mentioned point
being SOULl 440 'JO' 30" :,'est 449.01 feet from the point
of beginning; t;'ence SoutL 400 07' 45 East 1016.38 feet
-to the North line of saic; ria'.lt of ~"av of the Santa .A.na
Valley Irrigation Co:-\pany; t;ence "'ortn 440 00' 30"
East 449.01 feet along said right of way to the point
of beginning.
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Except therefrom that certain well site, 210.00 feet
by 105.00 feet located in t;le most northerly corner of
said land as described in an agreement by E. Walter Pyne
and A. L. Marzo and wife recorded January 31, 1934 in
Book 653, page 181 of Official ~ecords of said Orange
County.
Excepting therefroTIl for a period of 25 years from April
15, 1955, 25S of all oil, gas, ~inerals and hydrocar;)on
n4-
suhstances nOl! produced or vlhich may hereafter be produced
in or under saicl land I but ,,,ithout the right to enter said
land to extract or rel'10VC the same, as reserved in the
deed from Clarence Bond and {fazel II. Bond recorded
April 21, 1955 in Book 3038, page 251, of Official
Records.
PARCEL 7-1\:
An Easement over a strip of land 20.00 feet wide over
that 50.00 foot strii) of land described in deed to the
Santa Ana Valley Irrigation Company, recorded October
9, 1947 in Book 1536, page 487 of Official Records, as
said 20.00 foot strip is reserved in said deed to the
Santa Ana Valley Irrigation Company.
Pl\RCEL 7-3:
That certain well site, 210.00 feet by 105.00 feet which
was excepted from Parcel 7 above and as described in an
easement by E. ~alter Pyne and A. L. Marzo and wife,
recorded January 31, 1934 in Book 653, page 181 of
Official Records of said Orange County.
PARCEL 8:
That portion of the land allotted to Paula Peralta de
Dominguez in Decree of Partition of the Rancho Santiago
de Santa Ana recorded in Book B of Judgments of the
Seventeenth Judicial District Court of Los Angeles County,
California, located in the County of Orange, State of
California, described as follows:
Beginning at a point on the ~ortherly line of the right
of way granted to Santa l'ma Valley Irrigation Company
by deed recorded October 9, 1947 in Book 1536, page 487
of Official Records of said Orange County, said point
being North 38045' 42" I'Jest 72.98 feet from a point on
the center line of the Santa Ana Canvon Road as described
in a deed to the County of Orange re~orded June 7, 1928
in Book 171, page 144 of Official Records of said Orange
County, said point on said center line being 728.55 feet
North 440 00' 30" East from a bolt marking the Easterly
terminus of a curve in said center line designated in said
deed as having a radius of 450 feet and a central angle
of 370 02' 45", thence from said point of beginning North
380 45' 42' West 1051 feet to the North line of the
Rancho Santiago de Santa Ana; thence South 370 15' 18'
West 37.70 feet to a 6-inch concrete monument, thence
South 400 24' 03" T^lest 440.97 feet to a line which bears
North 400 07' 45" l'lest from a point on the Northerly line
of said right of way granted to Santa Ana Valley Irriga-
tion Company said last mentioned point being South 440
00' 30') West 449.01 feet from the point of beginning:
thence South 400 07' 45 East 1016.38 feet to the North
line of said right of way of the Santa Ana Valley Irriga-
tion Company~ thence North 440 00' 30' East 449.01 feet
along said right of way to the point of beginning.
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Except the Northeasterly 239.00 feet thereof.
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Excepting for a period of 25 years from April 15, 1955
all oil, gas, minerals and hydrocarbon substances but
without the right of surface entry, as reserved in deed
from Clarence Bond and wife by deed recorded April 21,
1955 in Book 3037, page 551 of Official Records.
PARCEL 9-
That portion of the land allotted to Paula Peralta de
Dominguez in decree of partition of the Rancho Santiago
de Santa Ana, recorded in Book B of Judgments of the 17th
Judicial ~istrict Court of California; located in the
County of Orange, State of California, described as
follows:
1'3eginning at a point on the '\forthwesterly line of the
right of way granted to the Santa Ana Valley Irrigation
Company by deed recorded October 9, 1947 in Book 1536,
page 487 of Official Records of Orange County, said point
being 449.01 feet South 440 00' 30" \\fest of a point
72.98 feet 'iorth 380 45' 42 ;(,Test fron; a point on the
center line of Ejanta Ana Callvon Road described in deed
recorded in Book 171, page 144 of Official Records of
Orange County, said point on said center line being 728.55
feet North 440 DO' 30' East from a bolt marking the
Eastern terminus of a curve on said center line, said
curve being designated in said deed as having a radius
of 450.00 feet and through a central angle of 370 02'
45" from said point of beginning; running thence North
400 07' 45' TTest 10lei.33 feet to a point on tll.e '\lorth
line of saie ~ancho Santiago de Santa Ana; thence South
40024' 03' nest 59.05 f:cet to S.tation I'lo. 36 8.S.A"
said station being marked by a concrete monument; thence
South 460 54' 30' West along said ~ancho line 338.15
feet to a point 66.00 feet :Torth. 460 54' 30' East from
a ,).-inch concrete monument marking Station No. 37
S.S.~., thence South 280 4Q' 30' East 627.82 feet;
thence SO".lth 00 55' 00" Hest 372.39 feet to a point on
the center line of said ~)anta J\na Canyon Road as described
in the deed above nv~ntioned;' thence :"Jorth 310 03' 15'
East along said center line 251.00 feet to the beginning
of a curve tangent concave to t~1e North width a radius
of 450.00 feet; thence along said curve a distance of
75.16 feet through a central anqle of 90 34' 10 to a
point on tbeiorthvvesterly line of said right of ~"ay
granted to the f;anta .1'.,[12, Valley Irrigation Company; thence
North 260 49' 10' East 64.10 feet to an angle point on the
Northerlv line of said riaht of way; thence North 440
00' 30' East 433.52 feet ~long sail~ :Jortherly line of said
ri'Jht of way to the point of beginning.
PARCEL 15:
COJ11..'T'.encing at post marked 'c I 918.5 feet West from the
Southeast corner of the Northeast quarter of Section 24,
Township 3 South, Range 9 West, S.B.B. & M., ~lhich corner
is also Station No. 13 of the exterior boundary of said
Hancho; thence South 10 '15' ~;ast 12,080 feet to the
Southerly boundary of the ~ancho; thence South 390 West
1030 feet; thence North 10 45' West 12,897 feet to the
Northerly boundary of said Rancho, and thence East 724
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feet to t:1e place of beginning and being a portion of the
Second and Third Class Lands allotted to Vincente Yorba
and to prudencio Yorba by Final Decree of Partition of
said ''\ancho rendered February 3, 1874.
Excepting therefrom that portion lying Northwesterly of
the Southeasterly line of the land descrbied in Parcel
lA in the Final Order of CondeDmation rendered in the
SU;::Jer ior Court of Ora.nge County, Case :Jo. 159982, a
certified copy of which was recorded )\lay 21, 1970 in
book 9295, page 39B of Official Records, records of
Orange County, California.
PARCEL 16'
All that certain land situated in the Rancho Canon de
Santa Ana, described as follows:
Beginning at a point on the Rancho line between the
Ranchos Canon de Santa Ana and Santiago de Santa Ana,
said point being North 400 25' East 23.94 chains from
Station 36 of the Rancho Santiago de Santa Ana, said
Station 36 being 31.16 chains l'Jest of the 'Co'lll1ship
corner at the corner of Townships between 3 and 4,
South, and Ranges 8 and 9 West, S.B.B. & M., said point
beino also the Southwest corner of the 207.73 acre
tract distributed to Ernesto T. Yorba by decree recorded
in book 2S', page 233 of')eeds, thence North 10 45" Hest
10.37 chains to a point; thence North 750 18' East
12.10 chains to a point on the Grant line; thence
South 460 25' West 1.09 chains to Station 35 of the
Rancho Santiago de Santa l',no., thence South 400 25'
West along the Rancho line 16.41 chains to the point
of beginning.
Excepting therefrom that portion thereof lying Northerly
of the Southerly line of Parcel 3'. (llmended) as described
in that certain Final Order of Condemnation, Superior
Court Case No. 159982, a certified copy of which was
recorded October 9, 1969 in Book 9103, page 408 of
Official ~ecords, of said Orange County.
PfcRCEL 18"
That portion of those certain strips of land conveyed
to Santa Ana Valley Irrigation Company by deed recorded
July 18, 1934 in Book 685, page 255 of Official Records
and by deed recorded October 9, 1947 in Book 1536, page
4S7 of Official '(ecords, lying '\!orth\'?8sterly of the
\10rthvrest,2rly line of 3a"Cta'1na Canyon noad, 100 feet
wide, lying Desterly of the ~asterly line of Parcel 4
hereinabove Cl8scri.:ced aDG. l:zing '::;asterly of the !i'lesterl~'
line of Parcel 7 hereinabove described.
Excepting therefrom any portion included within Parcel
3 described above.
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~'YHE?EAS , thereafter, within the time prescribed by lav
an interested party caused t~e review of said Planning Conunission
action at a puhlic hearing notice~ and held as prescribed by law
and as a result thereof Variance "0. 2375 ,'Jas denied by the Citv
Council by its n,esolution ;;0. 72;=;,,264.
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"~Tl.'T?I\:':, tbereafter, wi thin the time prescribed by la"1,
an interested party caused the review of the action previously
taken by t:1e City Council, at a public Re-hearing noticed and
held as prescribed by laYl on August 1, 1972, 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 vici.nity.
2. That, because of special circumstances shown in
(1) above, strict application of the zoning code
deprives the property of privileges enjoyed 0Y
other property under identical zonino classifica-
tion in the vicinitv.
.'JO\", THEREFORE, BE n' RESOLVED by the Ci tv Council of-
the City of Z'"naheim that a conditional zoning variance be, and
the same is hereby granted, in part, permitting the establishment
of a 454-lot single family tract, on the property hereinbefore
described with waivers of the following sections of the Anaheim
i\1unicipal Code:
SECTION 18.24.030(4-0.)
'1inimum lot '\'7idth (70 feet required:
60 feet proposed)
SECTION l8.24.030(4-c)
Minimum lot area (7,200 square feet
required; 6,000 square foot lots
?roposed)
That said variance be granted, in part, subject to the following
conditions and further subject to the stipulation by the
Developer that on the 6,000 to 6,500 square foot lots there
would be no two..story homes and tl1ese homes ~"rould be limited to
a maximum of 1,550 square feet of living space and contain no
more than three bedrooms:
1. That this Variance is granted subject to the com-
pletion of Reclassification No. 71-72-30, now pending.
2. That subject property shall be developed substan-
tiallv in accordance with plans and specifications on file with
the Citv of Anaheim,. marked ExJlibit No. 1.
BE IT FURTmm RESOLVED that the City Council hereby
reserves the right to revoke such variance permit for good cause or
failure of said owner, his heirs, successors or assigns to comply
with the Anaheim ~1unicipal Code and regulations and the condi-
tions herein. Said variance is granted, in part, for the term
prescribed by the Anaheim ciunicipal Code unless othervlise speci-
fied herein.
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TIn: FOREGOInG RESOLUTION is approved and signed by me
this 1st day of August, 1972.
ATTEST:
~,ht~~
C . ctEnK OF TIE CITY OF
'. '
ANAHEPl
STATE OF CALIFORNIA )
COUNTY OF OrouQGE ) ss.
CITY OF ANAHEEl )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 72R-322 was
passed and adopted at a regular meeting of the City Council held
on the 1st day of August f 19~, by the following
vote of the members thereof:
AYES: COUNCILMEN:
Sneegas, Pebley and Dutton
NOES: COUNCIL~lE~J:
Stephenson and Thorn
JlJ3SENT: COUNCIV~.I:N,
')one
AND I FURT'I:CR CERTIFY that the Mayor of the City of
Anahe~, approved and signed said resolution on the 19t day of
!l.l"J"<::t- .,_J 19_-.1.2..__'
n~ \'JI'l'tmss \i1IfE:::',EOF f I have hereunto
affixed the seal of 'the City of ~,na11eirn this
Z\ 11 ':I" <:: t- , 191.2..-__ .
set my hand and
1<::t- day of
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 72R-322 duly
passed and adopted by the Anaheim City Council on August 1, 1972.
"~
f~_)P;<>>~
,City Clerk
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