Loading...
93-170 RESOLUTION NO. 93R-170 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. 92-93-08 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 approved 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: PARCEL 2: THE WESTERLY 57.00 FEET OF THAT PORTION OF LOT 10 OF THE MILES RANCHO, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4, PAGE 76 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 10, NORTH 89 DEG. 42' 00" EAST 163.00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 10; THENCE NORTH 0 DEG. 29t 10" WEST 160.00 FEET PARALLEL WITH THE WEST LINE OF SAID LOT 10; THENCE NORTH 89 DEG. 42' 00" EAST 174.19 FEET PARALLEL WITH THE SOUTH LINE OF SAID LOT 10; THENCE SOUTH 0 DEG. 24' 00" EAST 160.00 FEET TO THE SOUTH LINE OF SAID LOT 10; THENCE SOUTH 89 DEG. 42' 00" WEST 173.95 FEET TO THE POINT OF BEGINNING. FOR THE PURPOSE OF THIS DESCRIPTION THE SOUTH LINE OF LOT 16 IS THE CENTER LINE OF A 60.00 FOOT STREET COMMONLY KNOWN AS LA PALMA AVENUE AND THE WEST LINE OF LOT 10 IS THE CENTER LINE OF A 40.00 FOOT STREET COMMONLY KNOWN AS WEST STREET. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 26, PAGE 5 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: THAT PORTION OF LOT 10 OF THE MILES RANCHO, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4, PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO DAVID CORDERMAN RECORDED JULY 29, 1942, IN BOOK 1156, PAGE 18 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 83 DEG. 42' 00" WEST 25.00 FEET ALONG THE SOUTHERLY LINE OF SAID LAND TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN A DEED TO GEORGE C. SCHOLL RECORDED OCTOBER 27, 1959 IN BOOK 4947, PAGE 449 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LAND OF SCHOLL, NORTH 9 DEG. 24' 00" WEST 160.00 FEET THE NORTHEASTERLY CORNER THEREOF, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID LAND OF SCHOLL AND THE NORTHERLY LINE OF THE LAND DESCRIBED IN A DEED TO JAMES M. DUFFY, RECORDED APRIL 21,1960 IN BOOK 5205, PAGE 431 OF SAID OFFICIAL RECORDS, SOUTH 09 DEG. 42' 00" WEST 167.19 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO JESS LEOS RECORDED JUNE 21, 1954 IN BOOK 2753, PAGE 106 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LAND OF LEOS NORTH 0 DEG. 29' 10" WEST 63.00 FEET TO THE NORTHEASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LAND OF LEOS AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT NORTH 89 DEG. 42' 00" EAST TO THE EASTERLY LINE OF SAID LAND OF CORDARMANK THENCE ALONG SAID LAST MENTIONED EASTERLY LINE SOUTH 0 DEG. 24' 00" EAST 63.00 FEET TO THE EASTERLY PROLONGATION OF SAID NORTHERLY LINE OF THE LAND OF SCHOLL THENCE WESTERLY ALONG SAID LAST MENTIONED EASTERLY PROLONGATION OF THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 8.62 FEET THEREOF, into the "CO" COMMERCIAL, OFFICE AND PROFESSIONAL ZONE of the City of Anaheim, subject to the following conditions: - 2 - 1. That the appropriate water main fees shall be paid to the Water Services Division. 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 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 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 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 its sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of ~ ~ Anaheim this 10~h day of August, 1993. MA OR OF THE CITY OF~AHEIM ATTEST: ~.CITY CLERK OF CITY OF ANAHEIM 3180.1\JWH[TE\August 12, 1993 -- 3 - 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. 93R-170 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the loth day of August, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-170 on the 11th day of August, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of August, 1993. ~,~,~'~ITY CLERK OF THi 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. 93R-170 was duly passed and adopted by the City Council of the City of Anaheim on August 10, 1993. ~. CITY CLERK OF THEf,~ITY OF ANAHEIM