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2001-265RESOLUTION NO. 2001R-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 2001-00054 to consider an amendment to the Zoning Map referred to in Title 18 of the Anaheim Municipal Code, and to consider a change in the boundaries of the zone or zones hereinafter mentioned and described and, at said hearing, did receive evidence and reports from persons interested therein and from its staff; and WHEREAS, within a period of forty (40) days following said hearing, the Planning Commission did duly adopt a resolution containing a report of its findings, a summary of the evidence presented at said hearing and granted the proposed amendment; 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; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find and determine that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the property hereinafter described should be excluded from the zone or zones in which it is now situated and incorporated in the zone and zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the CiEy of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to-wit: THAT PORTION OF LOT 6 OF DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN Reclass No. 2001-00054 THE OFFICER OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING AT A POINT ON THE SOUTHERLY PROLONGATION OF THAT CERTAIN LINE DESIGNATED "EASTERLY LINE OF RIVAS ALLOTMENT" ON A MAP FILED IN BOOK 22, PAGE 2 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DISTANT ON A BEARING ON SOUTH 1409.76 FEET FROM THE NORTHEAST CORNER OF SAID RIVAS ALLOTMENT, AS SHOWN ON SAID MAP; THENCE SOUTH 56 DEG. 30' 00" EAST 797.83 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 56 DEG. 30' '00" "EAST 197.08 FEET; THENCE SOUTH 87 DEG. 30' 00" EAST 953.07 FEET TO THE EASTERLY LINE OF LOT 6 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 6 DEG. 00' 00" EAST 1008.35 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 6 THE FOLLOWING COURSES: SOUTH 74 DEG. 20' 00" WEST 693.66 FEET, NORTH 65 DEG. 03' 00" WEST 244.86 FEET, AND NORTH 50 DEG. 18' 00" WEST 132.00 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF NORTH 81 DEG. 18' 00" WEST 112.35 FEET TO A LINE THAT BEARS SOUTH 6 DEG. 00' 00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 6 DEG. 00' 00" WEST 1142.15 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY QUITCLAIM DEED DATED DECEMBER 2, 1969, FROM HAZEL I. MAAG, RECORDED DECEMBER 24, 1969, IN BOOK 9173, PAGE 752 OF OFFICIAL RECORDS. PARCEL 2: THOSE PORTIONS OF LOTS 4 AND 5 OF DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 4, DISTANT NORTH 65 DEG. 03' WEST 102.18 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, RUNNING THENCE SOUTH 3 DEG. 06' EAST 464.60 FEET TO A POINT IN THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA VALLEY - 2 - IRRIGATION COMPANY AS DESCRIBED IN DEED RECORDED MARCH 7, 1940, IN THE BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE NORTH 74 DEG. 27' EAST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 298.53 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 15 DEG. 33' EAST 3.00 FEET TO A POINT; THENCE NORTH 74 DEG.27' EAST, CONTINUING ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE' 507.09 FEET TO A POINT N THE EASTERLY LIEN OF SAID LOT 5; THENCE NORTH 6 DEG. 00' WEST ALONG SAID EASTERLY LINE 397.22 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE SOUTH 74 DEG. 20' WEST 693.66 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 5; THENCE NORTH 65 DEG. 03' WEST 102.18 FEET TO THE POINT OF BEGINNING AND PARCEL 2 IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 225, PAGES 20 THROUGH 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, into the "RS-5000 (SC)" RESIDENTIAL, SINGLE FAMILY-SCENIC CORRIDOR OVERLAY ZONE of the City of Anaheim, subject to the following conditions: 1. That approval of Reclassification No. 2001-00054 is contingent upon approval of General Plan Amendment No. 2001- 00395, Exhibit A (to redesignate the northwesterly portion of this 24.5-acre property from the General Commercial to the Hillside Low-Medium Density Residential land use designation), by the City Council. 2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition No. 1, above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Conumission unless said condition is complied with within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or - 3 - requirement. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at is sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of October, 2001. ATTEST: THE CITY OF ANAHEIM 42207.1 - 4 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001 R-265 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of October, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Tait ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL)