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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. - 2 - 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 - 3 - ) 14 7-T A .{l;J-)...jVJ 1:: f,./-r If AlIa Plain Lucuacc Commiuncnl 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 ~\ ( J 4. 11iE LAND REFERRED TO IN 11iIS COMMITMENT IS DESCRIBED AS FOUOWS: PAGE 3 i i i \ I ) ; ~ \ \ \ I Alu PI,," L..incu.agc: CUmmlUnCIU 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: ,/"' 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. '",--- Al /. I .r--- -r v / I / d--' PAGE 4 / I AIL:l Pblll UlI&UaCC CIJmllllUllCnl 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. ;, PARCEL C: I ! 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. J-) Iv D PAGE S ,-;;. , .- ;' ~ ,. "' AIU PIIIn Lan&uqC Comm.UIlCnl 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------~------'-'-'--------'~ _ __._ _ 7,~?:.- ::~ 1\ L) 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