97-020RESOLUTION NO. 97R- 20
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. 96 -97 -03 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 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:
PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF
TRACT NO. 1758, AS SHOWN ON A MAP RECORDED IN
BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM SAID LOT 65 THAT PORTION
DESCRIBED AS PARCEL 200709 -I IN DEED TO THE
STATE OF CALIFORNIA RECORDED AUGUST 31, 1994
AS INSTRUMENT NO. 94- 0534178 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY.
PARCEL 2: THE WEST 150.00 FEET OF THE NORTH
150.00 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, RECORDED OF ORANGE
COUNTY, CALIFORNIA.
PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH
240.00 FEET OF THE WEST 150.00 FEET OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP
4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
into the "CL" COMMERCIAL, LIMITED ZONE of the City of Anaheim,
subject to the following conditions:
1. That the legal owner of the subject property shall
irrevocably offer to dedicate to the City of Anaheim an
easement, fifty three (53) feet in width from the
centerline of the street, along Ball Road for street
widening purposes and a corner cutoff easement at the
corner of Ball Road and Palm Street and at the corner
of Ball Road and Harbor Boulevard.
2. That the owner of the subject property shall submit a
letter requesting termination of Variance Nos. 228 (to
operate a real estate office), 301 (to construct a
motel) and 772 (to erect a service station), and
Conditional Use Permit No. 718 (to permit an existing
service station within 75 feet of an R -i Zone and
within 75 feet of a structure in the R -A Zone) to the
Zoning Division.
3. That completion of these reclassification proceedings
is contingent upon adoption of General Plan Amendment
No. 343 by the City Council.
4. That a preliminary title report shall be submitted to
the Zoning Division showing the legal vesting of title
and containing a legal description of subject property,
including a map of the property.
ATTEST:
5. That prior to placement of an ordinance rezoning
subject property on an agenda for City Council
consideration, Conditions Nos. 1,2,3 and 4, above
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
condition are complied with within one (1) year from
the date of this resolution, or such further time as
the Planning Commission may grant.
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.
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 25th day of February, 19
97.
CITY CLERK OF THE CITY OF ANAHEIM
0022116.01
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MAYWR OF THE CITY OF G AHEIM
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. 97R -20 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 25th day of February, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -20 on the 25th day of February, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 25th day of February, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -20 was duly passed and adopted by the City Council of
the City of Anaheim on February 25th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM