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86R-158 RESOLUTION NO. 86R-158 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. 85-86-19 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 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: 85-86-19 ..... .. . ...:.:....... .." .... ... +,.~- .-.,.... . -.......... ....--.......-,.....- ..............~ ..___._...... - ._.__~I_...............'....I .~..._.....,Ir!::'.~..:..!._.....-_oM.... ....._.........._ PARCEL 1: 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 ALLOTTED TO NIEVES LOPEZ DE PERALTA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGEMENTS 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 LINE OF SAID LOT 5, SAID POINT BEING DISTANT THEREON NORTH 600 38' 42" EAST 70.00 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 5; THENCE CONTINUING ON SAID NORTHWESTERLY LINE, NORTH 600 38' 42" EAST 110.49 FEET TO THE WESTERLY TERMINUS OF THE NORTHERLY LINE OF SAID LOT 5; THENCE ALONG SAID NORTHERLY LINE, SOUTH 890 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 00 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 600 38' 42" EAST 52.53 FEET; THENCE SOUTH 120 38' 52" EAST 274.31 FEET; THENCE SOUTH 370 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 520 32' 30" WEST 19.71 FEET"; THENCE ALONG SAID PROLONGATION AND SAID COURSE, SOUTH 520 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 370 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 290 22' 00" WEST 147.67 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF CAMINO TAMPICO, AS SHOWN ON SAID MAP OF TRACT NO. 10254, BEING A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 710 28' 53" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 770 21' 17", AN ARC DISTANCE OF 67.51 FEET TO A POINT, A RADIAL LINE -2- .....-........ . -.. -.",l!--_.. ... _.. . ....:~.....:' ." .X'............ -..L:a;:.;"....-'Io. . -..=.-""... .-......."Ir... _ .1 "'_"'.~ ......WOl:1 .~ _ ....~$('....:i2"""..,__.....v..a.~ ~__...-...". PASSING THROUGH SAID LAST MENTIONED POINT BEARS NORTH 310 09' SO" EAST; THENCE NORTH 00 48' 58" WEST 2.44 FEET; THENCE ALONG A LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT S, NORTH 290 22' 00" WEST 124.77 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE LAND ALLOTTED 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 (C2611) 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 1, NORTH 520 33' 28" WEST 31.55 FEET, AND NORTH 120 38' 52" EAST 233.22 FEET, RESPECTIVELY; THENCE NORTH 600 38' 00" EAST 331.63 FEET; THENCE NORTH 760 21' 01" EAST 207.63 FEET TO THE NORTHWESTERLY CURVED LINE OF PARCEL 4 (REL-802) OF THE HIGHWAY RIGHT OF WAY RELINQUISHED 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 CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 3.090 FEET; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY CURVED LINE AND THE TANGENT PORTION OF THE NORTHWESTERLY LINE OF SAID PARCEL 4, TO THE POINT OF BEGINNING. THAT PORTION OF THE LAND ALLOTTED TO NIEVES LOPES 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 JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY AND WESTERLY LINES OF PARCEL 1 OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED (C2611) RECORDED IN BOOK 8819, PAGE 398 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD NORTH 370 27' 30" EAST 97.41 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY -3- .............. ..-::........--_.._._.......-..--~._._.... ............ .............i.-..._......~.~. .-....-..:!'~.-.....J'....':II=*":r~_.,~..:.<:..:.......,.:r.... .....\..... ...__...._.~.::.a._. .........I...:,. ALONG SAID CURVE HAVING A RADIUS OF 3090 FEET, THROUGH A CENTRAL ANGLE OF 100 22' 07", A LENGTH OF 559.19 FEET TO A POINT IN THE SOUTHERLY LINE OF THE RIVERSIDE FREEWAY A RADIAL LINE THROUGH SAID POINT BEARS NORTH 420 10' 23" WEST; THENCE ALONG SAID SOUTHERLY LINE NORTH 760 21' 01" EAST 84.25 FEET TO A POINT IN A CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 300 23' 35" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 974.00 FEET THROUGH A CENTRAL ANGLE OF 150 11' 15", A LENGTH OF 258.18 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 450 34' SO" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 3074.00 FEET, THROUGH A CENTRAL ANGLE OF 60 57' 40", A LENGTH OF 373.47 FEET; THENCE SOUTH 370 27' 30" WEST 97.41 FEET; THENCE NORTH 520 32' 30" WEST 16.00 FEET TO THE TRUE POINT OF BEGINNING, into the "CO(SC)" COMMERCIAL, OFFICE AND PROFESSIONAL (SCENIC CORRIDOR OVERLAY) ZONE of the City of Anaheim, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Santa Ana Canyon Road in an amount as determined by the City Council. 2. That the vehicular access rights to Santa Ana Canyon Road, except as approved by the City Engineer, shall be dedicated to the City of Anaheim. 3. That all engineering requirements of the City of Anaheim along Santa Ana Canyon Road, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate 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 said improvements. Said security shall be posted with the City prior to approval of improvement plans, to guarantee the installation of the above-required improvements prior to occupancy. -4- =-~...... .----... ...~:.~._.-........ ..~..... :...... .......:-....~.:.t. ..............-- ~...~.-......_.~_~~_.L 4. That street lighting facilities along Santa Ana Canyon Road 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, certificate 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 approval of improvement plans. The above-required improvements shall be installed prior to occupancy. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. This shall include construction of the ultimate drainage facilities from the existing drainage structures under the Riverside Freeway to the north side of Santa Ana Canyon Road as required by the City Engineer (see Condition No.6). Prior to approval of the storm drain plans, the developer shall agree in a form approved by the City Attorney's Office to hold the City of Anaheim harmless from all liability for any and all potential damage or injury to or on subject property caused by storm water or flooding. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. 7. That this reclassification is granted subject to City Council adoption of General Plan Amendment No. 209. 8. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 1 through 5, and 7, 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 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. THE FOREGOING RESOLUTION is City Council of the City of Anaheim t and adopted by the f April, 1986. ATTE~ : ~/L~ 'CITY CLERK OF THE CITY OF ANAHEIM JWF : fm 5314M/060386 ..~.. .' . ___.-" __ .~_, : '*........... .....-..c.. ._'. ..~. ~ .,.._........................._ ..=, ... _._.._~.....~-.-......--.......__~_ __......._....._._--............... . CLERK 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. 86R-l58 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of April, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth NOES: COUNCIL MEMBFB.S: None ABSENT: COUNCIL MEMBERS: Overholt AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-158 on the 22nd day of April, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of April, 1986. ~A '/( ::;:<< 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. 86R-l58 duly passed and adopted by the Anaheim City Council on April 22, 1986. ~~ r;Jr ~ CITY CLERK