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83R-458 ,- RESOLUTION NO. 83R-458 -#oioorIr." 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 BduNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, t~e City Planning Commission of the City of Anaheim did hold a pQblic hearing in Reclassification Proceedings No. 83-84-8 to consider an amendment to the Zoning Map referred to in Title 18 of the A~aheim 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 Pl~nning Commission did duly adopt a resolution containing a report o:f 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 duly hold and conduct such 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: PARCEL 1: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE II WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: 83-84-8 .~~,.=--=",._. ..--... BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER, SOUTH 1019.96 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE EAST 663.95 FEET PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER TO THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER THENCE SOUTH 329.96 FEET ALONG SAID EAST LINE TO THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE WEST 664.00 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 329.96 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO EASTLAND SAVINGS: AND LOAN ASSOCIATION, RECORDED JULY 23, 1962 IN BOOK 6186, PAGE 318 OF OFFICIAL RECORDS. ALSO EXCEPT THE WEST 282.00 FEET THEREOF. ALSO EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINES BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE LAND DESCRIBED IN THE DEED TO EASTLAND SAVINGS, AND LOAN ASSOCIATION, RECORDED JULY 23, 1962 IN BOOK 6186, PAGE 318 OF OFFICIAL RECORDS, WITH THE EASTERL~ PROLONGATION OF THAT CERTAIN COURSE DESCRIBED AS "WEIST 9.91 FEET" IN THE LAND DESCRIBED IN THE SECOND EXCE~ION OF THE DEED TO CHIP CHASIN, RECORDED NOVEMB~R 13, 1962, IN BOOK 6319 PAGE 95 OF OFFICIAL RECORDS; THENCE WEST 9.91 FEET ALONG SAID PROLONGATION AND, SAID COURSE TO THE WESTERLY TERMINUS THEREOF, BEING A POINT ON A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 53 DEGREES 07' 48" EAST; THENCE WESTERLY 78.54 F~ET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEG~ES 00' 00" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 50.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE EAST LINE OF THE WEST 282.00 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRI~ED LAND; BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTE~, EAST 355.24 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE EAST 11.82 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTH 14.95 FEET; THENCE WEST 11.82 FEET; THENCE SOUTH 14.95 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE WEST 282 FEET OF THE SOUTH 110.92 FEET OF THOSE PORTIONS OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTHi, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER ~P RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MA~S, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: -2- BEGINNING AT A POINT IN THE WEST LINE OF SAID SECTION 13, WHICH POINT IS 1019.96 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY AND PA~LLEL WITH THE NORTH LINE OF SAID SECTION 663.95 FEET TO A POINT IN THE EAST LINE OF THE WEST HALF OF THE: NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE, 329.96 FE~ TO THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE WEST ALONG SAID SOUTH LINE OF SAID NORTHWEST QUARTER 664.00 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUART~, AND THENCE NORTH ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, 329.96 FEET TO THE POINT OF BEGINNING. EXCEPT THE WESTERLY 92.00 FEET THEREOF: ALSO EXCEPT ANY PORTION OF THE ABOVE DESCRIBED LAND INCLUDED WITHIN THE FOLLOWING: BEGINNING AT THE, NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE iSOUTH 0 DEGREE 10' 30" WEST 1,153.61 FEET ALONG THE ~ST LINE OF SAID SECTION 13; THENCE SOUTH 89 DEGREES' 49' 30" EAST 92.00 FEET TO A POINT ON THE EASTERLY RIGaT OF WAY LINE OF BEACH BOULEVARD AND THE TRUE POINT O~ BEGINNING; THENCE SOUTHEASTERLY ALONG A CIRCULAR CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET TH~OUGH A CENTRAL ANGLE OF 90 DEGREES 10' 30" AND AN ARC L~NGTH OF 39.35 FEET; THENCE ALONG A TANGENT LINE EAST 139.84 FEET TO THE BEGINNING OF A TANGENT CURVE CO~CAVE NORTHWESTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36 DEGREES 52' 12" AND AN ARC LENGTH OF 32.10 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 50.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00' 00", AND AN ARC LENGTH OF 78.54 FEET; THENCE ALONG A NONTANGENT LINE EAST 10.09 FEET; THENCE SOUTH: 0 DEGREE 10' IS" WEST 60.00 FEET; THENCE WEST 9.91 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 50.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00' 00", AND AN ARC LENGTH OF 78.54 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE SOUTHWESTERLY, H~VING A RADIUS OF 50.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36 DEGREES 52' 12", AND AN ARC LENGTH OF 32.18 FEET; THENCE ALONG A TANGENT LINE WEST 140.18 FEET TO THE BEGINNING OF A T~NGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 DEGREES 49' 30" AND AN A~C LENGTH OF 39.19 FEET TO A POINT ON -3- THE EASTERLY RIGHT OF WAY LINE OF BEACH BOULEVARD; THENCE NORTH 0 DEGREE 10' 30" EAST LINE OF 110.00 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim, subject to the following conditions: 1. That street lighting facilities along Stonybrook Drive shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certifi- cate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to introduction of an ordinance rezoning the property. The above-required improvements shall be installed prior to occupancy. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Beach Boulevard in an amount as determined by the City Council. 3. That compleition of these reclassification proceedings is contingent upon the ~ranting of Conditional Use Permit No. 2496. 4. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 379 to the Planning Department. 5. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1, 2 and 4, above-mentioned, shall be completed. 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 year from the date of this resolution, or such further time as the Planning Commission may grant. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereqy find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the c'ondi tions 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. -4- City THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim this ~th day of N~983. /Jt,);, ~/ - MAYOR OF THE CITY OF ANAHEIM ATTEST: ~ ~~~~ CITY ERK OF E CI OF ANAHEIM JLW: fm 1914M 1/5/83 - -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Cl~k of the City of Anaheim, do hereby certify that the foregoing Resolution No. ~3R-458 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of November, 1983, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-458 on the 29th day of November, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of November, 1983. ~~#~~ CITY CL RK OF THE ITY ANAHEIM ( SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 83R-458 duly passed and adopted by the Anaheim City Council on November 29, 1983. ~J.~~ CITY CL RK -.