2005-098RESOLUTION N0. 2005 - 98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM FINDIlVG AND DETERMIl~IING THAT THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE SHOULD BE A1ViENDED 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. 2004-00114 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 f2ndings, 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 TT RESOLVED by the City Council of the City of
Anaheim that the Clty 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:
ALL THAT PORTION OF LOTS 4 AND 5 OF TRACT N0.117, AS SHOWN
ON A MAP FILED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNIlVG AT THE NORTHEAST CORNER OF SAID LOT 5, AND
RUNNING THENCE SOUTH 00° 38' S3" WEST, ALONG THE EAST LINE OF
SAID LOTS 5 AND 4,1019.78 FEET TO THE SOUTH LINE OF SAID LOT 4;
THENCE NORTH 89° 03' 32" WEST, ALONG SAID SOUTH LINE 1214.91
FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF
PARCEL 4, AS SHOWN ON A PARCEL MAP FILED IN BOOK 90, PAGE 19
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY; THENCE NORTH 27° 37' 09" WEST ALONG THE
NORTHEASTERLY LINE OF PARCELS 4 AND 3 OF SAID PARCEL MAP,
122.78 FEET TO AN ANGLE POINT IN SAID PARCEL 3; THENCE NORTH
41 14 35 WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL
3,165.89 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 2 OF
SAID PARCEL MAP; THENCE NORTH 57° 45' 25" EAST, ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL 2,129 FEET TO THE MOST
EASTERLY CORNER OF SAID PARCEL 2; THENCE NORTH 20° 37' 33"
WEST, ALONG THE NORTHEASTERLY LINE OF PARCELS 2 AND l OF
SAID PARCEL MAP, 773.55 FEET TO AN INTERSECTION WITH THE
NORTH LINE OF SAID LOT 5; THENCE SOUTH 89° O1' 20" EAST, ALONG
SAID NORTH LINE,1556.18 FEET TO THE POINT OF BEGINNING,
into the "RS-2 {SC) (Residential, Single-Family; Scenic Corridor Overlay} zone and the OS {SC}
(Open Space; Scenic Corridor Overlay) zone" ZONE of the City of Anaheim, subject to the
following conditions:
1. That prior to introduction of an ordinance rezoning subject property, a preliminary
tale report shall be furnished to the Planning Services Division showing the legal vesting of title,
a legal description and containing a map of the property.
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 Cit
Council may approve or disapprove a zoning ordinance at its discretion. If the or ' y
chnance is
disapproved, the procedure set forth in Anaheim Municipal Code Section 18.60.140 shall a 1 .
The provisions or rights granted by this resolution shall become null and void Pp y
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.
3. That Completion of these reclassification proceedings is contin ent u on a royal
of General Plan Amendment No. 2004-00416 b the Ci Council. g p pp
Y tY
4. 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.
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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 maybe 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 7th Day of June, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
C1TY OF IM
By
MAYOR OF TIC C Y ~ ANAHEIM
A ST:
~~
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. / ~~ ! _
ITY CLERK OF THE CITY OF ANAHEIM
58373.1
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