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6039ORDINANCE NO. 6039 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2006-00176). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, following a duly noticed public hearing held on May 1, 2006, pursuant to the provisions of Chapter 18.60 of the Anaheim Municipal Code, the Anaheim Planning Commission did adopt its Resolution No. PC2006-39 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made to reclassify the subject properties, as described below, to include Parcel A into the RM -4 (Multiple -Family Residential) Zone, Parcel B into the RM -3 (Multiple -Family Residential) Zone, and Parcel C into the RM -4 (Multiple -Family Residential) Zone; and WHEREAS, the owner of the subject properties has requested that the City finalize reclassification of the subject properties to include Parcel A from the RM -3 (Multiple - Family Residential) Zone to the RM -4 (Multiple -Family Residential) Zone, Parcel B from the RS -3 (Single -Family Residential) Zone to the RM -3 (Multiple -Family Residential) Zone, and Parcel C from the C -G (General Commercial) Zone to the RM -4 (Multiple -Family Residential) Zone; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject property situated in the County of Orange, State of California, described as follows, to wit: PARC:F.T. A - THAT PORTION OF LOT 2 OF TRACT NO. 5495, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 205, PAGES 24, TO 29 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE CENTERLINE INTERSECTION OF HOLLY STREET AND CATALPA AVENUE, AS SHOWN ON TRACT NO. 1802 RECORDED IN BOOK 56, PAGES 27 TO 29 INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE ALONG THE CENTERLINE OF SAID CATALPA AVENUE NORTH 890 20' 29" WEST, 151.09 FEET, TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID CENTERLINE. SOUTH 440 17' 02" EAST, 193.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1340.00 FEET; THENCE SOUTHEASTERLY 172.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 21' 49"; THENCE SOUTH 5I0 38' 51" EAST, 148.50 FEET; THENCE SOUTH 480 02' 33" EAST, 207.80 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GREENLEAF AVENUE, AS SHOWN ON TRACT NO. 4621, RECORDED IN BOOK 190, PAGES 22 TO 24 INCLUSIVE, OF SAID MISCELLANEOUS MAPS; SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 358.35 FEET AND DISTANT 140.36 FEET MEASURED ALONG SAID CURVE THROUGH A CENTRAL ANGLE 220 26' 30" FROM THE SOUTHEASTERLY TERMINUS OF SAID CURVE. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.0000121 TO OBTAIN GROUND LEVEL DISTANCES. THERE SHALL BE NO ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO THE ABOVE DESCRIBED REAL PROPERTY IN AND TO THE ADJACENT STATE FREEWAY. into the RM -4 (Multiple -Family Residential) Zone of the City of Anaheim; and PARCEL B: THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF 2 ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF CRESCENT AVENUE AND CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET) AS SAID INTERSECTION IS SHOWN ON TRACT NO. 3095, AS PER MAP RECORDED IN BOOK 122, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID CRESCENT AVENUE NORTH 890 05' 56" WEST 244.57 FEET; THENCE SOUTH 560 07' 55" EAST 95.56 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN ROAD EASEMENT AS DESCRIBED IN THE EASEMENT DEED RECORDED JULY 26, 1972 N BOOK 10242, PAGE 943 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 56° 07' 55" EAST 689.98 FEET TO A POINT ON THE WESTERLY LINE OF TRACT NO. 1591 RECORDED IN BOOK 54 PAGES 36 THROUGH 39, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THENCE ALONG SAID WESTERLY LINE NORTH 000 26' 45" EAST 397.47 FEET; TO A POINT ON A LINE PARALLEL WITH AND DISTANT 30.00 FEET SOUTHERLY OF, SAID CRESCENT AVENUE; THENCE NORTH 89° 05' 56" WEST 416.22 FEET TO THE EASTERLY CORNER OF SAID ROAD EASEMENT DEED RECORDED IN BOOK 10242, PAGE 943 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID ROAD EASEMENT SOUTH 810 26' 36" WEST 133.82 FEET; THENCE NORTH 890 05' 56" WEST 27.51 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF SAID CRESCENT AVENUE AND CHIPPEWA AVENUE 3 (FORMERLY CHIPPEWA STREET); THENCE ALONG THE CENTERLINE OF SAID CRESCENT AVENUE SOUTH 890 05' 56" EAST 114.57 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE SOUTH 000 54' 04" WEST 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF CRESCENT AVENUE; SAID POINT BEING THE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A CURVE TANGENT TO SAID SOUTHERLY LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 112.00 FEET; THENCE WESTERLY 20.02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 14' 31"; THENCE SOUTH 80° 39' 33" WEST 55.09 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 74.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 141.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1090 51' 19"; THENCE NORTH 100 30' 52" EAST 64.18 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 112.00 FEET; THENCE NORTHERLY 20.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 14' 16" TO A POINT OF TANGENCY WITH A LINE PARALLEL WITH AND DISTANT WESTERLY 32.00 FEET, FROM THE CENTERLINE OF SAID CHIPPEWA AVENUE (FORMERLY CHIPPEWA STREET). THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00001210 TO OBTAIN GROUND LEVEL DISTANCES. THERE SHALL BE NO ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO THE ABOVE DESCRIBED REAL PROPERTY IN AND TO THE ADJACENT STATE FREEWAY OVER THE AFOREMENTIONED COURSE DESCRIBED AS "SOUTH 560 07' 55" EAST 689.98 FEET." into the RM -3 (Multiple -Family Residential) Zone of the City of Anaheim; and PARCEL C: ALL THAT CERTAIN EXCESS LAND, BEING STATE PARCEL 200363-6, IN THE CITY OF ANAHEIM, COUNTY M OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION, CASE NO. 758-080, RECORDED JANUARY 25, 1999 AS INSTRUMENT NO. 19990051564, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THOSE PORTIONS OF LOTS 8, 9 AND 10 OF TRACT NO. 10669, PER MAP RECORDED IN BOOK 459, PAGES 46 AND 47 OF MISCELLANEOUS MAPS ON FILE IN SAID OFFICE OF THE COUNTY RECORDER, LYING SOUTHWESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHERLY TERMINUS OF COURSE "5" AS DESCRIBED IN STATE PARCEL 200363-1 IN SAID FINAL ORDER OF CONDEMNATION BEING A POINT OF COMPOUND CURVATURE WITH CURVES CONCAVE SOUTHWESTERLY HAVING RADII OF 110.00 FEET AND 50.00, A RADIAL BEARING OF SAID CURVES BEARS NORTH 770 02' 38" EAST; THENCE NORTHWESTERLY ALONG SAID COURSE "5" ANTI SAID 110.00 FEET RADIUS CURVE 162.25 FEET THROUGH A CENTRAL ANGLE OF 840 30' 35" TO THE NORTHWESTERLY TERMINUS OF SAD CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 07° 27' 57" WEST; THENCE TANGENT TO SAID CURVE SOUTH 820 32' 03" WEST 194.35 FEET TO THE WESTERLY LINE OF SAID LOT 8 AND THE TERMINUS OF THIS LINE DESCRIPTION. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6, MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00002052 TO OBTAIN GROUND LEVEL DISTANCES. into the RM -4 (Multiple -Family Residential) Zone OF THE City of Anaheim. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above- described properties 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 Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. 5 SECTION 3. CERTIFICATION 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, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 26 day of September , 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 3 day of October , 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway. NOES: None ABSENT: None ABSTAIN: None CITY OF A HEIM By _ /?�d MAYM OF THE CITY'17F AN7HEIM ATTEST: CIT C ERK THE CITY OF ANAHEIM 62840.v1/MGordon 31 AFFIDAVIT OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in Proof of Publication of the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that SUMMARY PUBLICATION CITY OK ANAHEIM has been adjudged to be a newspaper of general ORDINANCE NO. 6039 circulation by the Superior Court of the County AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- E 18 OF 1111E AANEAHEIMI NG MUNM CIPAL CODE RELATINREFERRED TO IN G TO ZON- ING (RECLASSIFICATION NO. 2006-00176) of Orange, State of California, on December 28, This ordinance finalizes the reccleeaincaea, of the parcels Is described therein follows: 1951, Case No. A-21021 in for City ally as (i) Parcel A iota the Am - into Rn�-3u(Multiplee--Fa and the of n! Residential) Zone, and (III)BParrcel c into the RM -4 (Multiple -Family Residential) Zone. Anaheim, County of Orange, State of California; I, Sheryl Schroeder, City Clerk of the City of Anaheim, do hereby certlfv that the foregoing is a summary of Ordinance No: 6039 which ordinance was Introduced -at a regular that the notice, of which the annexed is a true meeting. of the City Council of the City of Anaheim on the 261h day of September, 2006 and was duly passed and of said ncil on printed copy, has been published in each regular aoff Octobeerr, 2000rby the folllar owing roll call vote of thermem j bers thereof: and entire issue of said newspaper and not in any AYES: Mayor Pringle, Council Members Chavez, Hernandez, Sidhu, Galloway. supplement thereof on the following dates, to NOES: None Wit: ABSENT: None The above summary is a brief description of the subject matter contained in the text of Ordinance No. 6039, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or de - October 12 2006 scribe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please "I certify (or declare) under the penalty of contact the Office of the Cdy Clerk, (714) 765.5166, between 6:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. perjury under the laws of the State of California Publish: Anaheim, ulletin oetober 1; 2606 r.ete§ttl�� that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: October 12, 2006 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION