Loading...
3613ORDINANCE NO. 3613 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING TITLE 18 OF THE ANAHEIM MU14ICIPAL CODE RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the City Council did adopt its Resolution No. r 7-,R-5-41 determining that a change or changes in the zone or zones hereinafter mentioned and des- cribed should be made as hereinafter set forth, after duly noticed hearings and receipt of the report and recommendation of the City Planning Commission; and WHEREAS, certain conditions and requirements were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been com- plied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 18 of the Anaheim Municipal Code relating to Zoning be, and the same is hereby, amended by changing the boundaries of the zones set forth in said Title 18 by adopting a sectional zoning map or maps showing such change or changes as follows: That all of the area situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: THAT PORTION OF THE LAND ALLOTTED TO PRUDENCIO YORBA AND TO M. J. Y. DE SCULLY ACCORDING TO A MAP ATTACHED TO AND MADE A PART OF THE DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, RENDERED IN CASE NO. 1978 OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, LOCATED IN THE COUNTY OF ORANGE, STATE OF CALI- FORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID ALLOTMENT, SAID POINT BEING STATION 7 OF SAID PRUDEN- CIO YORBA'S FIRST CLASS LAND; THENCE NORTH 78° 00' 00" WEST ALONG THE SOUTHERLY LINE OF SAID ALLOTMENT TO STA^1ION 6; THENCE NORTH 2° 45' 00" EAST ALONG THE WEST- ERLY LINE OF SAID ALLOTPIENT TO STATION 5; THENCE EAST TO STATION 4, SAID STATION BEING ON THE SOUTHWESTERLY LINE OF THE ADOBE WALL VINEYARD IN SAID RANCHO; THENCE SOUTH 240 45' 00" EAST TO STATION 3; THENCE NORTH 690 45' 00" EAST ALONG THE SOUTHEASTERLY LINE OF SAID ADOBE WALL VINEYARD TO STATION 2; BEING THE MOST EAST- ERLY CORNER OF SAID ADOBE WALL VINEYARD; THENCE EAST -1- 75-76-3 ATTY-28 ALONG THE NORTHERLY LINE OF SAID ALLOTMENT TO STATION 1; THENCE SOUTH ALONG THE EASTERLY LINE OF SAID ALLOT- MENT TO STATION 9; THENCE SOUTH 86° 15' 00" WEST TO STATION 8; THENCE SOUTH 5° 00' 00" WEST ALONG THE EAST- ERLY LINE OF SAID ALLOTMENT TO THE NORTHWEST CORNER OF THE LAND ALLOTTED TO MARIA DE JESUS YORBA DE SCULLY IN DECREE OF PARTITION OF THE RA14CHO CANON DE SANTA ANA IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALI- FORNIA, RENDERED IN CASE NO. 1978 OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 158 OF DEEDS OF LOS ANGELES COUNTY, CALIFORNIA, THENCE SOUTH 790 51' 00" EAST 235.00 FEET; THENCE SOUTH 50 00' 00" WEST 591.40 FEET TO A 2" X 4" POST FROM WHICH AN OLD 2" X 4" POST MARKING THE NORTHEAST CORNER OF THE RANCHO RIVAS TRACT OF THIRD CLASS LAND IN SAID RANCHO BEARS SOUTH 790 00' 00" EAST 472.44 FEET THENCE NORTH 790 00' 00" WEST 235.61 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL NO. Z 33-142.01 IN A DECREE OF CONDEMNATION ENTERED IN SUPERIOR COURT, ORANGE COUNTY, CASE NO. 166997, A CERTIFIED COPY OF THE LIS PENDENS THEREOF BEING RECORDED ON MAY 20, 1969, AS INSTRUMENT NO. 12927 IN BOOK 8962 PAGE 257 OF OFFICIAL RECORDS OF SAID COUNTY. ALSO EXCEPT THEREFROM ALL THE LAND INCLUDED WITHIN THE YORBA ANNEXATION NO. 116 PER ORDINANCE NO. 1777 RE- CORDED IN ORANGE COUNTY AUGUST 13, 1964. AND ALSO EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT SAID STATION 1; THENCE NORTH 890 10' 15" WEST 19.26 FEET ALONG THE NORTH LINE OF SAID LAND; THENCE SOUTH 250 22' 16" EAST 43.61 FEET TO THE EAST LINE OF SAID LAND; THENCE NORTH 00 49' 45" EAST 39.13 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT ANY PORTION THEREOF LYING WITHIN THE SANTA FE RAILROAD RIGHT OF WAY. ALSO EXCEPT THEREFROM THAT PORTION OF THE TRACT OF FIRST AND SECOND CLASS LANDS ALLOTTED TO MARIA JESUS YORBA DE SCULLY, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PAR- TITION OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 58 OF DEEDS, IN THE OFFICE OF THE COUNTY RE- CORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT SECTION 3 OF THE SECOND CLASS LAND ALLOTTED TO DE SCULLY IN THE FINAL DECREE NO. 1978, IN THE SEVENTEENTH IN AND FOR THE COUNTY OF LOS FORNIA, THENCE SOUTH 89° 53' -2- TRACT OF FIRST AND i'1ARIA DE JESUS YORBA OF PARTITION IN CASE JUDICIAL DISTRICT COURT ANGELES, STATE OF CALI- 50" EAST, PARALLEL TO THE NORTH LINE OF SAID ALLOTMENT 69.93 FEET; THENCE SOUTH 170 36' 55" WEST 151.67 FEET TO AN ANGLE POINT IN THE NORTHEAST LINE OF LAND DESCRIBED IN THE DEED TO FRANCISCA L. DE RUIZ RECORDED APRIL 7, 1915 IN BOOK 266 PAGE 318 OF DEEDS; THENCE NORTH 79° 53' 40" WEST, ALONG THE NORTH LINE OF SAID LAND OF FRANCISCA L. DE RUIZ AND ALONG THE NORTH LINE OF LAND DESCRIBED IN DEED TO J. COLMAN TRAVIS RECORDED AUGUST 12, 1924 IN BOOK 536 PAGE 201, OF DEEDS, 422.91 FEET TO THE NORTHWEST CORNER OF SAID LAND OF J. CO'LMAN TRAVIS AND TO THE WEST LINE OF SAID ALLOTMENT; THENCE NORTH 40 59' 35" EAST, ALONG SAID WEST LINE, 46.42 FEET TO STATION 4 OF SAID ALLOTMENT; THENCE NORTH 86° 24' 35" EAST, ALONG THE NORTH LINE OF SAID ALLOTMENT, 389.40 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT STATION 3 OF SAID TRACT; THENCE PARALLEL WITH THE NORTH LINE OF SAID ALLOTMENT, SOUTH 890 13' 40" EAST 69.93 FEET; THENCE SOUTH 180 17' 05" WEST 151.67 FEET TO AN ANGLE POINT IN THE NORTHEAST LINE OF LAND DESCRIBED IN DEED TO FRANCISCA L. DE RUIZ RECORDED IN BOOK 266 PAGE 318 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THENCE NORTH 790 13' 30" WEST 94.12 FEET; THENCE NORTH 80 31' 09" EAST, 91.91 FEET; THENCE NORTH 570 10' 07" EAST 67.25 FEET TO THE POINT OF BEGINNING, AS CONVEYED TO TIIE STATE OF CALIFORNIA BY DEED RECORDED JULY 28, 1954 IN BOOK 2778 PAGE 632, OF OFFICIAL RECORDS. EXCEPT FROM SAID LAND 1/12TH OF ALL OIL AND MINERAL RIGHTS IN SAID LAND AS RESERVED BY SEVERIANA HERNAN- DEZ IN DEED RECORDED DECEMBER 13, 1926 IN BOOK 684 PAGE 458, OF DEEDS OF SAID COUNTY. ALSO EXCEPT A LIFE ESTATE IN AND TO 1/2 OF 1/3 OF ALL OIL AND i/MINERAL RIGHTS AS RESERVED BY ANTONIO A. CORONADO AND TERESA C. CORONADO, HIS WIFE, IN DEED RECORDED MAY 13, 1938 IN BOOK 937 PAGE 473, OFFICIAL RECORDS. PARCEL 2: AN EASE14ENT FOR INGRESS AND EGRESS OVER THAT PORTION OF THE TRACT OF FIRST AND SECOND CLASS LANDS ALLOT- TED TO MARIA JESUS YORBA DE SCULLY, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 58 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, LYING WITHIN A STRIP OF LAND 12.00 FEET IN WIDTH, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO FRANCISCA L. RUIZ, RECORDED APRIL 7, 1915 IN BOOK 266 PAGE 318 OF DEEDS, RECORDS -3- OF SAID ORANGE COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID LAND NORTH 50 00' 25" EAST 591.07 FEET TO THE SOUTHERLY LINE OF PARCEL 1 ABOVE DESCRIBED. EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE 100.00 FOOT STRIP OF LAND, AS CONVEYED TO THE RIVER- SIDE, SANTA ANA AND LOS ANGELES RAILWAY COMPANY BY DEED RECORDED NOVEMBER 19, 1886 IN BOOK 176, PAGE 572 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALI- FORNIA. AND ALSO EXCEPT THAT PORTION OF THE LAND ALLOTTED TO PRUDENCIO YORBA IN DECREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, RENDERED IN CASE NO. 1978, OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RE- CORDED FEBRUARY 8, 1874 IN BOOK 28 PAGE 158 OF DEEDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE 0.50 ACRE PARCEL DESCRIBED IN THE DEED TO YORBA IRRIGATION COMPANY RECORDED APRIL 28, 1925, IN BOOK 574 PAGE 345 OF DEEDS OF SAID ORANGE COUNTY; THENCE NORTH 730 34' 00" WEST 34.21 FEET ALONG THE WESTERLY PRO- LONGATION OF THE NORTHERLY LINE OF SAID 0.50 ACRE PARCEL; THENCE SOUTH 1° 22' 05" WEST 472.20 FEET TO THE NORTHERLY LINE OF PLACENTIA YORBA ROAD AS DESCRIBED IN THE DEED RECORDED JANUARY 6, 1916, IN BOOK 280 PAGE 151 OF DEEDS; THENCE SOUTH 78° 10' 20" EAST 305.64 FEET ALONG SAID NORTHERLY LINE TO THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF THE 1.00 ACRE PARCEL DESCRIBED IN THE DEED TO YORBA IRRIGATION COMPANY RECORDED APRIL 15, 1914 IN BOOK 248 PAGE 135 OF DEEDS; THENCE NORTH 5° 00' 00" EAST 440.26 FEET ALONG SAID PROLONGATION AND SAID EAST- ERLY LINE TO THE NORTHEAST CORNER OF SAID 1.00 ACRE PARCEL; THENCE 73° 34' 00" WEST 305.92 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN ON A MAP FILED IN BOOK 21 PAGE 27, OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. AND ALSO EXCEPTING THOSE PORTIONS OF LAND IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFOR- NIA, AS DESCRIBED IN GRANT DEED RECORDED MARCH 12, 1974, IN BOOK 11093 PAGES 295 AND 296, AND IN GRANT DEED RECORDED FEBRUARY 81 1974 IN BOOK 11071 PAGES 1948 TO 1951 INCLUSIVE, AND IN GRANT DEED RECORDED FEBRUARY 8, 1974 IN BOOK 11072 PAGES 7 TO 8 INCLU- SIVE, ALL OF OFFICIAL RECORDS OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA. EXCEPTING THEREFROM THOSE PORTIONS OF LAND INCLUDED �-- IN TRACT NO. 8511, BOOK 355 PAGES 37 to 39 INCLU- SIVE AND TRACT NO. 7416 BOOK 311 PAGES 37 TO 42 INCLUSIVE, BOTH OF OFFICIAL RECORDS, COUNTY OF ORANGE, STATE OF CALIFORNIA. -4- now is "RS -A-43,000" RESIDENTIAL/AGRICULTURAL ZONE and that it be changed to and incorporated in "RAZ -1200" RESIDENTIAL, MULTIPLE - FAMILY ZONE subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 2. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 3. That subject property shall be served by underground utilities. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer, as stipulated to by the petitioner. 5. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 6. That a six-foot masonry wall shall be constructed along the southerly approximately one-half of the east property line and/or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installa- tion of said six-foot masonry wall. 7. That the setback area along the north and northeast prop- perty lines shall be fully landscaped, as stipulated to by the petitioner. 8. That appropriate water assessment fees, as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 9. That all private streets shall be developed in accord- ance with the City of Anaheim's standards for private streets. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the property above-described shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the City Engineer is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circu- lated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. -5- this 9th ATTEST: THE FOREGOING ORDINANCE is day of November , 19 76 . approved and signed by ane ;J CITY'CLERK OF F THE CITY OF AiJAHEINT FAL JR:fm -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3613 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 2nd day of November, 1976, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 9th day of November, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Ro `h and milo r NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 3613 on the 9th day of November, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of November, 1976. CITY CLERK OF THE CItY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 3613 and was published once in the Anaheim Bulletin on the 19th day of November, 1976. CITY CLERK