98-008
RESOLUTION NO.
98R-8
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. 97-98-06 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 approved 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 City 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:
See Attachment A,
into the "CL(SC) (COMMERCIAL, LIMITED - SCENIC CORRIDOR OVERLAY)"
ZONE of the City of Anaheim, subject to the following conditions:
RE(!LItSS. 11- ',-fJ6
1. That completion of these reclassification proceedings
is contingent upon adoption of General Plan Amendment No. 351 by
the City Council.
2. That a preliminary title report shall be submitted to
the Zoning Division showing the legal vesting of title, and
containing a legal description and a map of the property.
3. That prior to placement of an ordinance rezoning
subject property on an agenda for City Council consideration,
Condition Nos. 1, 2 and 5, herein-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 Commission unless
said conditions are complied with within one (1) year from the
date of this resolution, or such further time as the Planning
Commission may grant.
4. That if, by April la, 1998, the use which is approved
in connection with Conditional Use Permit No. 3974 is not under
construction, City staff shall prepare a "Reports and
Recommendations" staff report to the Planning Commission for
initiation of a zone change from the CL{SC) Zone to a more
appropriate zone.
5. That the legal owner of subject property shall execute
and record an unsubordinated covenant limiting the use of this
property, when zoned CL (Commercial, Limited) to a self-storage
facility. The form of said covenant shall be submitted to the
City Attorney's Office for approval and shall then be recorded
with the Office of the Orange County Recorder. A copy of the
recorded covenant shall be submitted to the Zoning Division.
6. 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
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.
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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 13th day of January,
1998.
ATTEST:
~~~
CITY CLERK OF THE CITY OF ANAHEIM
0025623.01
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OR-9732287
TITLE OFFICER. SWIERCZEWSKJ
RE: CHOCO REALTY
SCHEDULE A
1.
COMMITMENT DATE:
JULY 1, 1997 AT 7:30 A.M.
2. POUCY OR POUCIES TO BE ISSUED:
OWNERS POUCY:
AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY
1992 WI1H REGIONAL EXCEPTIONS
(19 ON COMMInmNT COVER)
POUCY AMOUNT:
PREMIUM AMOUNT:
$1,450,000.00
$(1'0 BE DETERMINED)
PROPOSED INSURED:
......CRAIG M. CLAUSEN.
3. (a) lHE ESTA're OR INlERFST IN lHE LAND DESCRIBED IN lHlS COMMI'IldENT IS:
A FEE.
3. (b) 1l11.E TO SAID ESTA're OR INlEREST AT 11iE DA're HEREOF IS VESTED IN:
I CHOCO REALTY CORPORATION, A CALIFORNIA NONPROFIT CORPORA nON ~\
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4. 11iE LAND REFERRED TO IN 11iIS COMMITMENT IS DESCRIBED AS FOUOWS:
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OR-9732287
TITLE OFFICER. SwtERCZEWSKJ
0LL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF
I ANAHEIM, DESCRIBED AS FOLLOWS:
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PARCEL A:
THAT PORTION OF LOTS 5 AND 6 OF TRACT NO. 10254, AS SHOWN ON A MAP RECORDED IN BOOK
468, PAGES 19 TO 22 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, TOGETHER WITH THAT PORTION OF LOT 26 OF TRACT NO. 117 AS SHOWN ON A MAP
RECORDED IN BOOK 11, PAGE 16 OF SAID MISCELLANEOUS MAPS, TOGETHER WITH THAT
PORTION OF THE LAND ALLOTrED TO NIEVES LOPEZ DE PERALTA, AS DESCRIBED IN THE FINAL
DECREE OF PARTmON OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED
SEPTEMBER 12, 1868 IN BOOK -B-, PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE
17TH JUDICIAL DISTRICT, IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, ALL AS SHOWN ON
THAT CERTAIN -LOT LINE ADJUSTMENT PLAN 54 - RECORDED JUNE 24, 1980 IN BOOK 13644, PAGE
1479 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHWESTERLY UNE OF SAID LOT 5, SAID POINT BEING
DISTANT THEREON NORTH 60 DEGREES 38' 42- EAST 70.00 FEET FROM THE MOST WESTERLY
CORNER OF SAID LOT 5; THENCE CONTINUING ON SAID NORTHWESTERLY LINE, NORTH 60
DEGREES 38' 42- EAST 110.49 FEET TO THE WESTERLY TERMINUS OF THE NORTHERLY LINE OF
SAID LOT ~; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89 DEGREES 01' 14- EAST 22.55 FEET
TO THE NORTHEASTERLY CORNER OF SAID LOT 5; THENCE ALONG THE NORTHERLY
PROLONGATION OF THE MOST EASTERLY LINE OF SAID LOT 5, NORTH 0 DEGREES 48' 58- WEST
12.96 FEET TO THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL' 15 IN THAT
CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 159982, A CERTIFIED
COPY OF WHICH WAS RECORDED JANUARY 20,1971 IN BOOK 9823, PAGE 427 OF SAID OFFICIAL
RECORDS: THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 60 DEGREES 38' 42- EAST 52.53
FEET; THENCE SOUTH 12 DEGREES 38' 5r EAST 274.31 FEET; THENCE SOUTH 37 DEGREES 27' 30-
WEST 11.21 FEET TO A POINT IN THE NORTHWESTERLY PROLONGATION OF A COURSE IN THE
EASTERLY BOUNDARY OF SAID TRACT NO. 10254, SAID COURSE BEING DESCRIBED AS -NORTH
52 DEGREES 32' 30- WEST 19.71 FEEr; THENCE ALONG SAID PROLONGATION AND SAID COURSE,
SOUTH 52 DEGREES 32' 30-' EAST 20.00 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 6;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 37 DEGREES 27' 30- WEST
128.90 FEET TO A POINT DISTANT 76.14 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT
6; THENCE ALONG A LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 6, NORTH
29 DEGREES 22' 00. WEST 147.67 FEET TO A POINT IN THE SOUTH- EASTERLY LINE OF CAMINO
TAMPICO. AS SHOWN ON SAID MAP OF TRACT NO. 10254, BEING A CURVE CONCAVE
SOUTHWESTERL Y, HAVING A RADIUS OF 50.00 FEET, A R.>\DIAL LINE PASSING THROUGH SAID
POI~T BEARS SOUTH 71 DEGREES 28' 53" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 77 DEGREES 21' 17-, AN ARC DISTANCE OF 67.51 FEET TO A
POINT, A RADIAL LINE PASSING THROUGH SAID LAST MENTIONED POINT BEARS NORTH 31
DEGREES 09' 50' EAST; THENCE NORTH 0 DEGREES 48' 58" WEST 2.44 FEET; THENCE ALONG A
LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 5, NORTH 29 DEGREES 22' 00"
WEST 124.77 FEET TO THE POINT OF BEGINNING.
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OR-9732287
TITLE OFFICER. SWIERCZEWSKJ
PARCEL B:
THAT PORTION OF THE LAND ALLOTIED TO NIEVES LOPEZ DE PERALTA, AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, A CERTIFIED COpy
OF WHICH WAS RECORDED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT, IN AND FOR LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED
TO THE STATE OF CALIFORNIA BY PARCEL 1 OF DEED (C261l) RECORDED IN BOOK 8819, PAGE
398 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
ALONG THE SOUTHWESTERLY AND WESTERLY LINES OF SAID PARCEL I, NORTH 52 DEGREES 33'
28" WEST 31.55 FEET, AND NORTH 12 DEGREES 38' 52" EAST 233.22 FEET, RESPECTIVELY; THENCE
NORTH 60 DEGREES 38' 00" EAST 331.63 FEET; THENCE NORTH 76 DEGREES 21' 01" EAST 207.63
FEET TO THE NORTHWESTERLY CURVED LINE OF PARCEL 4 (REL-821) OF TIlE HIGHWAY RIGHT
OF WAY REUNQUlSHED TO THE COUNTY OF ORANGE BY RESOLUTION OF THE CALIFORNIA
HIGHWAY COMMISSION, A CERTIFIED COpy OF WHICH RESOLUTION IS RECORDED IN BOOK 9989,
PAGE 623 OF SAID OFFICIAL RECORDS, AND AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE
17 OF STATE HIGHWAY MAPS IN SAID OFFICE, BEING CONCA VB SOUTHEASTERLY AND HAVING
A RADIUS OF 3,090 FEET; THENCE SOUTHWESTERLY ALONG SAID NORTIIWESTERLY CURVED
LINE AND THE TANGENT PORTION OF mE NORmWESTERLY UNE OF SAID PARCEL 4, TO THE
POINT OF BEqINNING.
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PARCEL C:
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ALL THAT PORTION OF LAND ALLOTIED TO NIEVES LOPEZ DE PERALTA, AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF mE RANCHO SANTIAGO DE SANTA ANA, A CERTIFIED COpy
OF WHICH WAS RECORDED SEPTEMBER 12,1868 IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE
DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT, IN AND FOR LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED
TO THE STATE OF CALIFORNIA BY PARCEL 1 OF DEED (C261l) RECORDED DECEMBER 18,1968 AS
INSTRUMENT NO. 11934, IN BOOK 8819, PAGE 398 OF OFFICIAL RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE ALONG mE SOUTHWESTERLY LINE OF .
SAID PARCEL 1, NORTH 52 DEGREES 33' 28" WEST 31.55 FEET TO AN ANGLE POINT THEREIN, SAID
ANGLE POINT ALSO BEING IN THE EASTERLY BOUNDARY OF THAT CERTAIN DEED DESCRIBED
IN DEED RECORDED MARCH 31, 1961 AS INSTRUMENT NO. 21059, IN BOOK 5674, PAGE 291 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY;
THENCE ALONG SAID EASTERLY BOUNDARY, SOUTH 13 DEGREES 34' SO" EAST TO COURSE NO. 10
DESCRffiED IN PARCEL 3 OF DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 6,1951
AS INSTRUMENT NO. 45705, IN BOOK 2227, PAGE 96 OF OFFICIAL RECORDS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE, ALONG SAID COURSE NO. la, NORTH
36 DEGREES 44' 42" EAST TO THE POINT OF BEGINNING.
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OR-9732287
TITLE OFFICER. SWIERCZEWSKJ
PARCEL D:
THAT PORTION OF THE LAND ALLOTTED TO NIEVES LOPES DE PERALTA. AS DESCRIBED IN THE
FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANT A ANA. WHICH WAS ENTERED
SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE
17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY. CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY TERMINUS OF COURSE NO. 10 DESCRIBED IN PARCEL 3 OF
DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 6,1951 IN BOOK 2227, PAGE 96 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID COURSE HAVING A BEARING AND
DISTANCE OF .SOUTH 36 DEGREES 44' 42" WEST 97.41 FEET"; THENCE ALONG THE
} NORTHWESTERLY LINE OF SAID DEED TO THE STATE OF CALIFORNIA NORTH 37 DEGREES 27' 30"
EAST 97.41 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 3090.00 FEET, AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 10 DEGREES 22' 07. AN ARC DISTANCE OF 559.19 FEET TO A POINT IN THE SOUTIIERLY
UNE OF THE RIVERSIDE FREEWAY SHOWN ON PARCEL 4 OF A RELINQUISHMENT MAP RECORDED
IN BOOK 8, PAGES 9 THROUGH 17 INCLUSIVE OF STATE HIGHWAY MAPS IN THE OFFICE OF THE
COUNTY RECQRDER OF SAID ORANGE COUNTY, A RADIAL LINE OF SAID CURVE PASSING
'THROUGH SAID POINT BEARS NORTH 42 DEGREES 10' 23. WEST; THENCE ALONG SAID
SOUTHERL...Y LINE NORTH 76 DEGREES 21' 01" EAST 84.25 FEET TO A POINT IN A CURVE CONCA VB
SOUTHEASTERLY HAVING A RADIUS OF 974.00 FEET; A RADIAL LINE OF SAID CURVE PASSING
THROUGH SAID POINT BEARS NORTIl 30 DEGREES 23' 35" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 DEGREES II' IS" AN ARC DISTANCE OF
258.18 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING
A RADIUS OF 3074.00 FEET, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS
NORm 4S DEGREES 34' SO. WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06 DEGREES 57' 40" AN ARC DISTANCE OF 373.47 FEET; THENCE SOUTH 37
DEGREES 27' 30. WEST 97.41 FEET TO THE INTERSECTION WITH COURSE NO. 11 OF SAID PARCEL
3; THENCE ALONG SAID COURSE NO. 11, NORTH 52 DEGREES 32' 30. WEST 16.00 FEET TO THE
~~~_~~~F ~~G~,G: _.7'~-~-C------~------'-'-'--------'~ _ __._ _
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 98R-8 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 13th day of January, 1998, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 98R-8 on the 13th day of January, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 13th day of January, 1998.
~~~.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 98R-8 was duly passed and adopted by the City Council of the
City of Anaheim on January 13th, 1998.
~'/1~
CITY CLERK OF THE CITY OF ANAHEIM